Ordinance 37620006.90000
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10/20/09
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ORDINANCE NO. 3762
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING THE PROVISIONS OF
EDMONDS CITY CODE 2.10.040 FIRE CHIEF, ADDING A
NEW CHAPTER 2.12 RELATING TO THE DUTIES OF THE
FIRE CHIEF, FIRE MARSHAL AND OTHER REFERENCES
TO THE FIRE DEPARTMENT THROUGHOUT THE CITY
CODE, REPEALING CHAPTER 3.09 AND 3.15 AND
PROVIDING FOR DISPOSITION OF THE FUNDS HELD, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, by contemporaneous action, the Edmonds City Council has
approved an interlocal agreement providing for the provision of fire services to the City by
Snohomish County Fire District No. 1, and
WHEREAS, such interlocal agreement provides that the City Council may, at its
discretion, terminate the agreement, and
WHEREAS, the City Council deems it to be in the public interest to acknowledge
that fire services including the services of a fire marshal shall be provided for by contract but
wish to retain certain provisions of the current City Code including but not limited to provisions
of the fire code, civil service and other relevant code provisions in place in the event that the City
determines it necessary to terminate the agreement and to clarify that during the term of the
interlocal agreement, fire service and fire marshal services shall be provided by Snohomish
County Fire District No. 1 by contract to the same extent as if such services were provided
directly to the citizens by City employees, NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Edmonds City Code 2.10.040 is hereby repealed.
Section 2. Title 2 of the Edmonds City Code is hereby amended by the addition
of a new chapter 2.12 Fire Department to read as follows:
2.12 Fire Department
2.12.010 Fire Service
2.12.020 Pre - existing rights and obligations not impaired.
2.12.010 Fire service
Fire service is provided to the citizens of the City of Edmonds by
and through a contract with Snohomish County Fire District No. 1.
Whenever any reference is made in the provisions of the Edmonds
City Code or Edmonds Community Development Code to fire
chief, fire marshal, fire department or any other reference to a
firefighter or fire services, such term shall include, for the
provision of administrative or other day to day fire services, to
reference the fire chief, fire marshal and fire fighting services
performed for the City by contract by Snohomish County Fire
District No. 1.
1. The officials of the Snohomish County Fire District No. 1
when performing services by contract to the citizens of the City of
Edmonds and to the City in its corporate capacity shall exercise
any and all rights, duties, obligations and responsibilities in
accordance with the provisions of this code to the same extent and
in the same manner as if performed by an employee of the City.
2. Employees of the Snohomish County Fire District No. 1
( "District ") shall not be entitled to any wage or benefit provision of
this code, including but not limited to Chapters 2.06 and 2.35. The
Edmonds Civil Service System shall remain in effect but no
employee of the District shall have recourse to the Civil Service
Commission following the termination date of Fire Department
employees by the City.
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2.12.020 Pre - existing rights and obligations not impaired.
The City Council's determination to contract or not contract for
fire services with Snohomish County Fire District No. 1 and the
provisions of this chapter shall not impair any existing vested right
or vested obligation created under the provisions of state law or
under Chapter 2.50 Fireman's Relief and Pension System, Chapter
2.60 Reserve Firefighters' Relief and Pension Act, Chapter 2.70
Retirement System, and Chapter 10.30 Disability, as well as
the MEBT plan of the City. The rights of any person under such
system vested prior to the transfer of fire service responsibility by
contract shall remain in full force and effect and is not impaired by
either such or the adoption of this chapter.
Section 3. The Edmonds City Code is hereby amended by the repeal of Chapters
3.09 Accumulative Reserve Fund for Fire Apparatus, and 3.15 Fire Donation Fund. The funds
currently held in Chapter 3.09 are hereby released and may be utilized solely for costs associated
with the provision of fire service under a contract between the City of Edmonds and Snohomish
County Fire District No. 1, and shall be first applied to any cost or charge relating to fire
apparatus. The funds held in the Fire Donation Fund, created by Chapter 3.15 shall be
transferred to Snohomish County Fire District No. 1 and released only upon the agreement and
acknowledgement of the District that it shall use the funds solely for operating, maintaining and
improving the provision of emergency services relating to suppression of fires and the provision
of emergency medical aid and assistance. The District shall also acknowledge that its use of the
funds shall also comply with the intent of any donor with respect to identified restricted funds, if
any. The City shall notify the District of any restricted funds, the amount of such restricted
funds and the purpose for which their uses are limited prior to transfer.
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect on
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January 1, 2010, such date being more than five (5) days after passage and publication of an
approved summary thereof consisting of the title.
APPRO D:
M OR G Y AAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE Y ATTORNEY:
BY )5
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 11/13/2009
PASSED BY THE CITY COUNCIL: 11/17/2009
PUBLISHED: 11/22/2009
EFFECTIVE DATE: 01/01/2010
ORDINANCE NO. 3762
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SUMMARY OF ORDINANCE NO. 3762
of the City of Edmonds, Washington
On the 17th day of November, 2009, the City Council of the City of Edmonds,
passed Ordinance No. 3762. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING THE
PROVISIONS OF EDMONDS CITY CODE 2.10.040 FIRE CHIEF, ADDING A NEW
CHAPTER 2.12 RELATING TO THE DUTIES OF THE FIRE CHIEF, FIRE MARSHAL AND
OTHER REFERENCES TO THE FIRE DEPARTMENT THROUGHOUT THE CITY CODE,
REPEALING CHAPTER 3.09 AND 3.15 AND PROVIDING FOR DISPOSITION OF THE
FUNDS HELD, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of November, 2009.
�S�' -!�t. ,lam • [ �-c�
CITY CLERK, SANDRA S. CHASE
IWSS746261.DOC;1 \00006.900000 \) - 5 -
DEC 0 3 2009
EID'MOI` DS CITY CLEI.�'
Account Name: City of Edmonds
and swom to before me this 23rd
day of November, 2009
M
Notary Public in and for the to of Wasjtify
County. �:,• ��
Account Number: 101416 Ott ��' O>;,dectTt�fitpei; 0001675809
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
} S.S.
n,
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of
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THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
-
circulation in said County and State; that said newspaper has been approved as a legal
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newspaper by order of the Superior Court of Snohomish County and that the notice
SUMMARY OF ORDINANCE NO. 3762
o the ity o dmonds, Mashiington
On the 17th day of November, 2009, the City Council of the City
Summary of Ordinance NO. 3762
of Edmonds, passed Ordinance No. 3762. A summary of the con-
tent of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, REPEALING THE PROVISIONS OF EDMONDS CITY
RE: Fire Chief
CODE 2.10.040 FIRE CHIEF, ADDING A NEW CHAPTER
2.12 RELATING TOTE- ZUTIES OF THE FIRE CHIEF,
FIRE MARSHAL AND OTHER REFERENCES TO THE FIRE
DEPARTMENT THROUGHOUT THE CITY CODE,
REPEALING CHAPTER 3.09 AND 3.15 AND PROVIDING
FOR DISPOSITION OF THE FUNDS HELD, AND FIXING A
TIME WHEN THE SAME' SHALL BECOME EFFECTIVE.
a printed copy of which is hereunto attached, was published in said newspaper proper and not
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of November, 2009.
in supplement fort, in the regular and entire edition of said paper on the following days and
Published: November 22, 2009. CITY CLERK, SANDRA S. CHASE
times, namely:
November 22, 2009
and that said newspaper was regularly distri ted to its subscribers during all of said period.
DEC 0 3 2009
EID'MOI` DS CITY CLEI.�'
Account Name: City of Edmonds
and swom to before me this 23rd
day of November, 2009
M
Notary Public in and for the to of Wasjtify
County. �:,• ��
Account Number: 101416 Ott ��' O>;,dectTt�fitpei; 0001675809